STAR-CHAMBER DECREE AGAINST DUELS. 129 



the law of England from certain vain and childish 

 exceptions, which are taken by these duellists : the 

 one, because the law makes no difference in punish 

 ment between an insidious and foul murder, and the 

 killing a man upon challenge and fair terms, as they 

 call it. The other, for that the law hath not pro 

 vided sufficient punishment and reparation for con 

 tumely of words, as the lie, and the like ; wherein 

 his majesty s said attorney-general did shew, by 

 many weighty arguments and examples, that the 

 law of England did consent with the law of God 

 and the law of nations in both those points, and that 

 this distinction in murder between foul and fair, and 

 this grounding of mortal quarrels upon uncivil and 

 reproachful words, or the like disgraces, was never 

 authorised by any law or ancient examples ; but it 

 is a late vanity crept in from the practice of the 

 French, who themselves since have been so weary of 

 it, as they have been forced to put it down with all 

 severity. 



Fourthly, His majesty s said attorney-general did 

 prove unto the court by rules of law and precedents, 

 that this court hath capacity to punish sending 

 and accepting of challenges, though they were never 

 acted nor executed ; taking for a ground infallible, 

 that wheresoever an offence is capital or matter of 

 felony, if it be acted and performed, there the conspi 

 racy, combination, or practice tending to the same 

 offence, is punishable as a high misdemeanour, al 

 though they never were performed. And therefore, 

 that practice to impoison, though it took no effect, 



VOL. VI, K 



